Supreme Court of India · 2006-08-18
Dyaneshwar Ramachandra Rao Patange vs Bhagirathibai
- Citation / case number
- AIRONLINE 2006 SC 297
- Court
- Supreme Court of India
- Petitioner
- Dyaneshwar Ramachandra Rao Patange
- Respondent
- Bhagirathibai
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's decision allowing the respondent's appeal for specific performance of a contract under Section 10 of the Specific Relief Act, 1963. The Court found that the plaintiff, as a legal heir of the original agreement holder, was competent to file the suit, and that the execution of the agreement was admitted by the defendant, thus invalidating the appellate court's contrary findings. The judgment of the first appellate court was set aside, restoring the trial court's decree in favor of the plaintiff.